The Central Commission for Discipline Inspection and the State Supervision Commission issued the second batch of guiding cases for Discipline enforcement
2021-12-29
The Central Commission for Discipline Inspection and the State Supervision Commission recently issued the second batch of guiding cases for Discipline enforcement. The cases released this time have made in-depth analysis on the issues of simple and generalized accountability, fraudulent receipt of financial subsidies for benefiting the people and agriculture, private use of buses and public maintenance of private cars, from the aspects of further promoting the standardization and accuracy of accountability, accurately grasping and screening public maintenance of private cars, matching Party discipline and government punishment, and giving full play to the role of organization and handling, so as to explain discipline, explain and reason with cases, So as to guide discipline inspection and supervision organs at all levels to accurately carry out discipline enforcement. It is reported that in order to thoroughly implement the spirit of the Sixth Plenary Session of the 19th CPC Central Committee, the case trial room of the Central Commission for Discipline Inspection and the State Supervision Commission focused on typical problems with prominent local reactions and strong public reactions, and compiled the second batch of guiding cases for Discipline enforcement. Discipline inspection and supervision organs at all levels should accurately grasp the spirit of guiding cases, We will give full play to the leading, exemplary and practical guiding role of good cases in clarifying and unifying discipline enforcement standards, accurately enforce discipline and law, and strive to promote the high-quality development of discipline inspection and supervision in the new era. Editor's note The resolution of the CPC Central Committee on the major achievements and historical experience of the party's Centennial struggle adopted at the Sixth Plenary Session of the 19th CPC Central Committee highlights the course of struggle in the new era, systematically summarizes the historical achievements and historical changes of our party's adherence to and development of socialism with Chinese characteristics in the new era from 13 aspects, and profoundly points out the courage to self revolution Running the party strictly in an all-round way is a distinctive feature throughout the course of a century's struggle. Adhering to strict thinking, strict supervision, strict discipline enforcement, strict administration of officials, strict style of work and strict anti-corruption have provided valuable experience for the party to continue to move forward on the new journey. In order to implement the spirit of the Sixth Plenary Session of the CPC Central Committee, the case trial room of the State Supervision Commission of the Central Commission for discipline inspection focused on typical problems with prominent local reactions and strong public reactions, compiled the second batch of guiding cases for Discipline enforcement, made an in-depth analysis on the simple generalization of accountability, fraudulent receipt of financial subsidies for benefiting the people and agriculture, private use of public cars and public maintenance of private cars, explained the discipline with cases, explained them with cases Based on case theory, discipline inspection and supervision organs at all levels are guided to accurately carry out discipline enforcement. Discipline inspection and supervision organs at all levels should accurately grasp the spiritual essence of guiding cases, give full play to the leading, demonstration and practical guiding role of cases in clarifying and unifying discipline enforcement standards, accurately enforce discipline and law, and strive to promote the high-quality development of discipline inspection and supervision in the new era. Simple generalization case of environmental protection accountability of a District Commission for Discipline Inspection and supervision (guiding case No. 5 in 2021, general No. 5) [Key words] Accountability is simple and generalized; Normative accountability; Precise accountability [key points of discipline enforcement] *** The regulations on disciplinary measures of the Communist Party of China, the regulations on accountability of the Communist Party of China and other inner-party regulations have clearly stipulated the subject, procedure and situation of accountability, The notice of the CPC Central Committee on printing and distributing the regulations on accountability of the Communist Party of China also stressed that "in view of the problems of weak accountability, generalization and simplification in practice, we should strive to improve the political, accuracy and effectiveness of the party's accountability work". Discipline inspection and supervision organs at all levels should deeply realize that whether they can achieve standardized and accurate accountability tests their political position, work style and discipline and law enforcement ability, and reflects the authority and public trust of the party organization. When carrying out accountability work, we must be meticulous in investigation and evidence collection, cautious in qualitative treatment, and strict in self-discipline, so as to prevent problems such as ineffective accountability or generalization and simplification of accountability, and strive to achieve a good effect of accountability, alertness and promoting one party's work. At the same time, higher discipline inspection and supervision organs should strengthen supervision and guidance, timely correct inaccurate accountability, unbalanced treatment and other problems, and ensure the quality and efficiency of accountability. [basic case and handling results] In January 2021, During the period when the ecological and environmental protection supervision group of a province (hereinafter referred to as the supervision group) carried out environmental protection supervision in city a, the supervision committee of District B Discipline Inspection Commission of the city, according to the problem clues handed over by the supervision group and without reporting to the main person in charge of the district Party Committee for approval in accordance with the procedures, investigated branch B of ecological and Environmental Bureau of city A Zhang, Secretary of the party leading group and director of the Bureau (a constituent Department of District B government), and others initiated accountability investigation, and handled 20 batches of 90 problem clues and 88 accountability persons. Among them, the supervision committee of District B Discipline Inspection Commission determined that Zhang should take leadership responsibility for the ineffective rectification of sewage disturbing residents of an enterprise, lampblack pollution of a restaurant and serious noise pollution of a store since May 2020, which was handed over by the supervision group and reflected by the masses, Decide to give them admonition and accountability in the form of conversation; Wang, then a member of the Party group and deputy director of branch B of municipal ecological environment bureau a, was in charge of the above work and should take the leadership responsibility, Within one month, they have been held accountable for the above-mentioned similar reasons for 6 times (3 times of notification accountability, 1 time of written admonition accountability, 1 time of warning punishment within the party and 1 time of dismissal accountability); for the three-level chief staff members Zheng, Li and Deng, who have been studying out of work since March 2020 and have not actually assisted in the above work, they have decided to give them serious warnings within the party and record major demerits in government affairs only according to their respective post responsibilities. The supervision committee of District B Discipline Inspection Commission Before giving the above-mentioned personnel treatment and punishment, they did not form factual materials to meet and check with them and listen to their statements and pleadings. Since then, the inspection team of the provincial Party committee found in the relevant special inspection that the above accountability was simple and generalized, and that the factual materials on which the handling and punishment were not performed should meet with me, which was handed over to the supervision committee of the Discipline Inspection Commission of city a for handling. After checking according to the procedures, the Discipline Inspection Commission of city A shall order the Discipline Inspection Commission of District B to correct it in time according to the rules and disciplines and in accordance with the law. [guiding significance] 1. Resolutely prevent and correct problems such as nonstandard and inaccurate accountability In this case, the accountability of District B Discipline Inspection Commission to Zhang, Wang, Zheng, Li and Deng mainly has the following problems: First, the working procedures are not standardized. On the one hand, the procedure of starting the accountability investigation was not standardized. The supervision committee of the District Commission for Discipline Inspection violated the provisions of paragraph 1 of Article 9 of the regulations on accountability of the Communist Party of China. Without the approval of the main person in charge of the district Party committee, it initiated the accountability investigation first against Zhang, Secretary of the Party group and director of branch B of the ecological environment bureau of city A. On the other hand, the handling and punishment procedures are not standardized. Before giving treatment and punishment to relevant personnel, the supervision committee of the District Commission for discipline inspection failed to perform the procedures of meeting with him based on the factual materials for handling and punishment, which violated Article 43 of the articles of association of the Communist Party of China and paragraph 1 of Article 11 of the regulations on accountability of the Communist Party of China Paragraph 2 of Article 35 of the regulations on the protection of the rights of members of the Communist Party of China, paragraph 1 of Article 51 of the rules for the supervision and enforcement of discipline by the discipline inspection organs of the Communist Party of China, and Article 43 of the law of the people's Republic of China on administrative sanctions against public officials. Second, the division of responsibilities is not accurate. When determining the responsibilities of Zhang and Wang, the supervision committee of the District Commission for Discipline Inspection generally defined them as "having leadership responsibility", and did not accurately distinguish between the main leadership responsibility and important leadership responsibility in combination with their respective post responsibilities. Third, accountability is simple and generalized. Within one month, the supervision committee of the District Commission for discipline inspection conducted "make-up" accountability for Wang six times. For the abuse of accountability for Zheng, Li and Deng who had been out of work before the pollution problem occurred and did not actually assist in the management of relevant work, there were repeated accountability, simple accountability and generalized accountability, which damaged the authority and seriousness of discipline enforcement. 2. Further promote the standardization and accuracy of accountability In the work of discipline enforcement, we should standardize and accurate accountability, and resolutely prevent the following problems of generalization and simplification of accountability: first, in terms of accountability objects, the lower level should not be asked, and too many should be directed to grass-roots cadres; Second, in terms of accountability procedures, speed is not accurate, and the investigation process is simplified at will; Third, in terms of accountability, it is simple and rough, and "one size fits all"; Fourth, in terms of accountability effect, only accountability, no management, and relying on accountability to promote work. In practice, some discipline inspection and supervision organs mechanically understand and implement the requirements of "quick inspection and quick handling" transferred by higher-level supervision. When implementing accountability, the responsibility is unclear, regardless of severity, and it does not vary from matter to matter and responsibility. Discipline inspection and supervision organs at all levels should fully realize that strict compliance with regulations, discipline and law, standardized and accurate accountability is the due meaning and inevitable requirement to promote the high-quality development of discipline inspection and supervision. When carrying out discipline enforcement, discipline inspection and supervision organs should strictly implement the regulations of the Communist Party of China on accountability and other provisions, not only to find out the specific facts, distinguish responsibilities and be seriously accountable; We should distinguish between situations, reflect policies, and achieve standardized and accurate accountability. In practice, we should grasp the core requirements of the following two aspects: First, we should adhere to seeking truth from facts. It must be based on facts and subject to discipline and law. It is not allowed to simply and mechanically carry out accountability according to the requirements or handling suggestions of the superior without review and investigation and respect for objective facts because the superior leaders make instructions and requirements or the superior departments put forward handling suggestions, or even pull hard and deliberately pull higher accountability, which is not standardized and inaccurate. After the accountability decision is made, if it is found that the identification of accountability facts is unclear, the evidence is not conclusive, the basis is insufficient, the responsibility is not clear, the procedures are inconsistent, the treatment is inappropriate, or there are other situations that should not be accountable and inaccurate accountability, it shall be corrected in time, which is also a concrete embodiment of the principle of seeking truth from facts in discipline and law enforcement. In this case, when the supervision committee of District B Discipline Inspection Commission corrected the above simple and generalized problems of accountability in accordance with regulations and disciplines according to law, it made a decision to revoke the punishment according to procedures for those who should not be punished by Party discipline and government affairs; For those who should not be informed of accountability, the decision was made to revoke the notification of accountability, and corrected and clarified within the scope of the original notification; For those who should not be admonished and held accountable, It shall be corrected according to the original way of admonition and accountability (among them, if the written admonition and accountability are given, the decision to revoke the admonition and accountability shall be made according to the procedure; if the admonition and accountability are given by conversation, it shall also be corrected in writing); if the admonition and accountability has been notified to the Organization Department of the Party committee at the same level, it shall be notified to the organization department in time when the decision to revoke the admonition and accountability is made. The second is to accurately identify the responsibility. In accordance with the principle of "consistent rights and responsibilities and equal mistakes and responsibilities", accurately define who should be responsible and what responsibilities should be borne according to the provisions of discipline and law and post responsibilities, distinguish the main leadership responsibilities and important leadership responsibilities, and distinguish whether the relevant responsible persons perform their duties with due diligence, fail to perform their duties or perform their duties incorrectly during their tenure, so as to avoid undue lightness and different standards. For those who have not caused adverse effects or serious consequences and have not reached the degree of accountability, they can be reminded, criticized and educated, and can not simply replace management with accountability. In addition, we believe that the time limit for handling complaints submitted by accountable party members and leading cadres should be grasped from the following two aspects: first, for those who take non disciplinary measures to implement accountability, the party organization that makes the accountability decision should make a decision on handling the complaint within one month after receiving the written complaint, And inform the leading cadres who lodged the appeal and their party organizations and other units in writing; Second, those who take disciplinary measures to implement accountability shall be implemented in accordance with the authority and procedures stipulated in the party constitution and relevant inner-party laws and regulations, that is, they shall make a decision on reconsideration and review within three months after accepting the appeal in accordance with Article 59 of the rules for the supervision and discipline enforcement of the discipline inspection organs of the Communist Party of China, and inform the leading cadres who lodged the appeal
Edit：Luo yu Responsible editor：Wang xiao jing
Source：Website of the State Commission for Discipline Inspection of the CPC Central Committee
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